§33-12C-12. Evidence of the insurance and subsequent changes to
the insurance.
(a) Upon placing surplus lines insurance, the surplus lines
licensee shall promptly deliver to the insured the policy, or if
the policy is not then available, a certificate as described in
subsection (d) of this section, cover note, binder or other
evidence of insurance. The certificate described in subsection (d)
of this section, cover note, binder or other evidence of insurance
shall be executed by the surplus lines licensee and shall show the
description and location of the subject of the insurance, coverages
including any material limitations other than those in standard
forms, a general description of the coverages of the insurance, the
premium and rate charged and taxes to be collected from the
insured, and the name and address of the insured and surplus lines
insurer or insurers and proportion of the entire risk assumed by
each, and the name of the surplus lines licensee and the licensee's
license number.

(b) A surplus lines licensee shall not issue or deliver any
evidence of insurance or purport to insure or represent that
insurance will be or has been written by any eligible surplus lines
insurer, or a nonadmitted insurer pursuant to subdivision (4),
subsection (c), section five of this article, unless the licensee
has authority from the insurer to cause the risk to be insured, or
has received information from the insurer in the regular course of
business that the insurance has been granted.

(c) If, after delivery of any evidence of insurance, there is
any change in the identity of the insurers, or the proportion of
the risk assumed by any insurer, or any other material change in
coverage as stated in the surplus lines licensee's original
evidence of insurance, or in any other material as to the insurance
coverage so evidenced, the surplus lines licensee shall promptly
issue and deliver to the insured or the original producing
individual insurance producer appropriate substitute for, or
endorsement of the original document, accurately showing the
current status of the coverage and the insurers responsible for the
coverage.

(d) As soon as reasonably possible after the placement of the
insurance, the surplus lines licensee shall deliver a copy of the
policy or, if not available, a certificate of insurance to the
insured to replace any evidence of insurance previously issued.
Each certificate or policy of insurance shall contain or have
attached a complete record of all policy insuring agreements,
conditions, exclusions, clauses, endorsements or any other material
facts that would regularly be included in the policy.

(e) A surplus lines licensee who fails to comply with the
requirements of this subsection shall be subject to the penalties
provided in this article.

(f) The surplus lines licensee shall give the following
consumer notice to every person applying for insurance with a
nonadmitted insurer. The notice shall be printed in sixteen-point type on a separate document affixed to the application. The
applicant shall sign and date a copy of the notice to acknowledge
receiving it. The surplus lines licensee shall maintain the signed
notice in its file for a period of ten years from expiration of the
policy. The surplus lines licensee shall tender a copy of the
signed notice to the insured at the time of delivery of each policy
the licensee transacts with a nonadmitted insurer. The copy shall
be a separate document affixed to the policy.

"Notice: 1. An insurer that is not licensed in this state is
issuing the insurance policy that you have applied to purchase.
These companies are called "nonadmitted" or "surplus lines"
insurers. 2. The insurer is not subject to the financial solvency
regulation and enforcement that applies to licensed insurers in
this state. 3. These insurers generally do not participate in
insurance guaranty funds created by state law. These guaranty
funds will not pay your claims or protect your assets if the
insurer becomes insolvent and is unable to make payments as
promised. 4. Some states maintain lists of approved or eligible
surplus lines insurers and surplus lines brokers may use only
insurers on the lists. Some states issue orders that particular
surplus lines insurers cannot be used. 5. For additional
information about the above matters and about the insurer, you
should ask questions of your insurance agent or surplus lines
licensee. You may also contact your insurance commission consumer
help line."